Earlier in August, Ivo Skoric, a Vermont resident who was fired from his job after testing positive for cannabis in a drug test lost his appeal to the Vermont Supreme Court over unemployment benefits.
Skoric had initially appealed to the state after he was found to be ineligible for his unemployment benefits. However, the Vermont Employment Security Board agreed with an administrative law judge, stating that Skoric engaged in conduct prohibited by the employer’s drug and alcohol policy and that since he was discharged for misconduct, he was disqualified from those benefits.
The board wrote that it recognized that Skoric engaged in conduct that is legal in Vermont and that he had “a legitimate and compelling reason to use medical cannabis for treatment.” However, the board concluded that “employers may set workplace policies that prohibit otherwise legal behavior,” stating that it agreed with the administrative judge that the minimum disqualification is appropriate.
In May, Skoric represented himself at a Supreme Court hearing and told the justices he is legally prescribed the medical cannabis by a doctor for chronic pain, and that his work performance is not impacted by it. However, in January 2023, he was terminated from his job at the Marble Valley Regional Transit District in Rutland for misconduct after a positive drug test.
He sought a declaratory ruling on whether the misconduct disqualification applied to the off-duty use of medical cannabis. In its decision, the Vermont Supreme Court said that the Labor Department “properly declined to issue a declaratory ruling” on the matter, noting that “his violation of written workplace policy stood as an independent source of disqualifying misconduct.”
“As a medical cannabis patient in Vermont to treat disabling conditions under Vermont’s Fair Employment Practices Act disability provisions, I should be protected by state agencies. I should not be disqualified from receiving unemployment,” Skoric said at the hearing.
According to the Supreme Court’s decision, Skoric’s job was a “safety sensitive” position, as he was required to possess a commercial driver’s license and operate buses on occasion. After he failed a drug test, he was terminated for violating U.S. Department of Transportation and Federal Transit Administration regulation, the court wrote.
At his Supreme Court hearing, Skoric told justices that he should not be required to choose between state benefits and the medical care the state granted him to use. The American Civil Liberties Union (ACLU) of Vermont, which represents Disability Rights Vermont and Criminal Justice Reform, also argued the benefits should not be denied.
